Standing trial before a jury is one of the most important and valued rights afforded to the accused under the US Constitution. Those arrested are protected by this right. A plea bargain means giving up that right, and before making a decision, careful deliberation is needed. Read on to find out what you are giving up and what can be gained from a plea bargain.
Plea Bargains Are Common
It's safe to say that nearly all criminal cases are resolved using plea bargains. In state courts, about 90% of all cases involve guilty pleas via a plea bargain. This form of ending a case without taking it to trial works well for the state. It gets defendants out of overcrowded jails and it helps keep the court calendars clear for more serious cases. In most cases, a plea bargain is accomplished with a single appearance where the defendant enters a plea and the sentence is handed down immediately. This way of doing things quickly disposes of court cases and appears as a win for those that keep tabs. And most prosecutors do keep tabs.
What Plea Bargains Mean for Defendants
Defendants who accept what is offered by the state without knowing what is at stake can be taken advantage of. The evidence the state holds against a defendant should be known before an agreement is forged. Many times, the state offers a deal based on the lack of evidence they hold. In other cases, deals are forged based on fears that a trial by jury could result in a far stiffer punishment for the defendant. Those offered plea deals should understand that they have a right to know what could happen if they take the case to trial. They should also realize that the deal can change if they don't agree right away. It can get better or it can get worse.
What Is Being Bargained For?
Plea bargains take the charges, the counts, and the potential punishment and reduce one or all of them in exchange for an agreement. The agreement involves a signature and a guilty plea. Rarely, a plea bargain might involve a plea of no contest rather than guilty. Take this example: a defendant is accused of domestic violence and three counts of assault. The plea deal presented to the defendant involves pleading guilty to one count of simple misdemeanor assault. The punishment, rather than jail time, involves anger management classes, probation, counseling, and staying away from the alleged victim.
The above example may seem like a great deal until you consider that the accused is supposed to be innocent until proven guilty. If you need help with a plea bargain, you probably need a criminal defense attorney. Speak to an attorney about your case today.
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